Holsombach v. Kelley et al

Filing 4

ORDER directing the Clerk to consolidate case 5:15-CV-00224 into this case.The Clerk is further directed to prepare summonses for the Defendants. The United States Marshal is directed to serve copies of both complaints, with any attachments, and a s ummons for these Defendants without requiring prepayment of fees and costs or security. Service for all Defendants should be through the ADC Compliance Division. Because Mr. Holsombach has also alleged imminent danger, Director Wendy Kelley should f ile an answer or other response to Mr. Holsombach's complaint within 7 days after service. A hearing will be set on Mr. Holsombach's request for a preliminary injunction by separate order. Signed by Magistrate Judge Beth Deere on 7/14/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MARK HOLSOMBACH
ADC# 134723
V.

PLAINTIFF

CASE NO. 5:15-CV-00222 BSM/BD

WENDY KELLEY, et al.

DEFENDANTS
ORDER

Plaintiff, Mark Holsombach, an inmate housed at the Maximum Security Unit of
the Arkansas Department of Correction (“ADC”), filed this lawsuit pro se under 42
U.S.C. § 1983. (Docket entry #2) In his Complaint, Mr. Holsombach claims that he is
being threatened by other inmates, and asks the Court to issue a temporary restraining
order, ordering Defendant Kelley to protect him from all harm by both staff and other
inmates. (#2) He also asks Defendant Kelley to release copies of his grievances. (#2)
On July 9, 2015, Mr. Holsombach also filed a motion for a preliminary injunction
in a case that was previously dismissed by the Honorable D.P. Marshall Jr., E.D. Ark.
Case No. 2:08-CV-00022. Judge Marshall directed the clerk to docket Mr. Holsombach’s
motion as a new § 1983 case. Accordingly, the motion was docketed as a new complaint
in E.D. Ark. Case No. 5:15-CV-00224-JLH-BD. The matters raised by Mr. Holsombach
in 5:15-CV-00224 are the same as those raised in this case. (#2) Because both
complaints raise the same issues, the Clerk is directed to consolidate case 5:15-CV-00224
into this case.
The Clerk is directed to prepare summonses for the Defendants. The United States

Marshal is directed to serve copies of both complaints, with any attachments, and a
summons for these Defendants without requiring prepayment of fees and costs or
security. Service for all Defendants should be through the ADC Compliance Division.
Because Mr. Holsombach has also alleged imminent danger, Director Wendy Kelley
should file an answer or other response to Mr. Holsombach’s complaint within 7 days
after service. A hearing will be set on Mr. Holsombach’s request for a preliminary
injunction by separate order.
IT IS SO ORDERED, this 14th day of July, 2015.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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